At least in one case, the office must now pay after all: In summary proceedings, the Heilbronn Social Court has ordered the Schwäbisch Hall social welfare office to cover the health insurance costs of an unemployed asylum seeker. The man had to pay €252.17 per month for his health insurance after losing his job. He receives only €397 in social benefits. This is called “mandatory follow-up insurance” and can cause great hardship for those affected. (tuenews reported: tun25061005)
In its ruling, the Social Court argued that the Asylum Seekers Benefits Act allows benefits to be granted in individual cases to “ensure a minimum standard of living,” as stated in the court’s press release. After all, the applicant was left with only €144.83 to live on from the €397 he receives in asylum seeker benefits. This meant “an obvious shortfall in the minimum subsistence level,” the court continued.
Court rulings in the Tübingen district are still pending
This is new, because until now, municipalities in Baden-Württemberg have invoked a decree from the Ministry of Justice stating that they do not have to pay for health insurance in these cases. The Turkish asylum seeker had worked as a warehouse assistant from October 2024 to the end of February 2025. During this time, he paid contributions to the AOK health insurance fund. After he was no longer employed, the health insurance fund demanded that he pay the minimum contribution. This is regulated in this way so that no one loses their health insurance.
The decision is provisional. This means that it could be changed, for example, by a ruling of the state social court. There had also been complaints in the district of Tübingen, but no decision had yet been made. At the end of 2024, this affected around 15 people.
File number: S 15 AY 1361/25 ER
tun25081301